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Prohibition of over 221kw mobile gear vessels within 3 miles of Jersey.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (27.03.06) to prohibit 221kw mobile gear vessels within the Jersey 3 mile limit.

Subject:

Prohibition of over 221kw mobile gear vessels within 3 miles of Jersey

Decision Reference:

MD-PE-2006-0029

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

L:\Environment Department\15 Ministerial Decisions\02 2006\02 Reports & attachments

Written report – Title

Prohibition of over 221kw mobile gear vessels within 3 miles of Jersey

Written report – Author

(name and job title)

Dr Simon Bossy – Head of Fisheries and Marine Resources

Decision(s):

To prohibit over 221kw mobile gear vessels within the Jersey 3 mile limit as defined in the Granville Bay Treaty; i.e. it is drawn from the Low Water mark of the Island east of the 2oW line and from 3 mile Low Tide elevations west of the 2oW line excluding the Paternosters and Les Dirouilles as base points.

Reason(s) for decision:

To keep large, more powerful vessels further offshore to allow smaller vessels more freedom in the zone, thus causing less damage to the seabed.

Action required:

The Senior Fisheries Inspector will draft a licence condition for fishing boat licences to cover this prohibition.

Signature:

(Minister)

Date of Decision:

 

 

 

 

 

Prohibition of over 221kw mobile gear vessels within 3 miles of Jersey.

PLANNING AND ENVIRONMENT DEPARTMENT

Environment Division

PROHIBITION OF OVER 221kw MOBILE GEAR

VESSELS WITHIN 3 MILES OF JERSEY

A item

Purpose of the Report

To promote a diverse and adaptable fishing industry with sustainable management and prudent use of marine resources.

Background

Fishing may be divided into two main gear types, mobile and static gear. Static gear is set from a boat, left for a period of time and then lifted from the same place. Mobile gear, however, remains attached to the vessels and it is towed over the sea bed or through the water to actively catch the species targeted. Examples of mobile gear include scallop dredging, trawling and pair trawling. Most of this type of fishing involves dragging heavy equipment over the sea bed and often substantial damage will occur in the localised area where the gear has passed. Smaller and less powerful vessels tend to have lighter gear and do less damage.

Discussion

Due to damage to inshore areas, which because they are shallower tend to be more productive particularly for juvenile fish, it is useful to minimise this damage by limiting the power of mobile gear vessels allowed to fish close to shore. This has the added advantage of leaving a productive fishery close to shore to be exploited by smaller (and slower) vessels which would find it both inefficient and, in some cases, dangerous to fish further offshore.

Recommendation

That mobile gear vessels that have an engine power greater than 221kw are prohibited from fishing within the 3 mile limit of Jersey by licence condition.

Note

(i) The 3 mile limit should be defined as in the Granville Bay Treaty; i.e. it is drawn from the Low Water mark of the Island east of the 2oW line and from 3 mile Low Tide elevations east of the 2oW line excluding the Paternosters and Les Dirouilles as base points.

(ii) As two Jersey vessels that are over the 221kw level have been recorded using mobile gear within the limit described above it is proposed that they are given “sunset” clauses to the licence to enable them to continue to fish with those vessels until 1 January 2009. Should that vessel be sold before that date, any new vessel would have to comply with the inshore power limitation.

Written by:

Dr Simon F Bossy – Head of Fisheries and Marine Resources

 

 

Approved by:

Chris Newton, Director of Environment Department

 

 

Endorsed by:

Senior Management Team

[13.03.06]

File ref: 6.6.3

Ministerial Decision Case Ref:

 

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